Industrial Designs

– The Industrial Designs Act, 2016 (Act No. 22 of 2016), in force as of June 6, 2016.
– The Registered Designs Regulations, 1994.
– The Registered Designs (Appeals) Rules, 1984.
– The Registered Designs (High Court) Rules, 1995.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Lisbon Act, since April 6, 1965, and Stockholm Act for Articles 13 to 30, since May 14, 1977.
– African Regional Intellectual Property Organization (ARIPO), Harare Protocol, since February 26, 1986.
– Convention Establishing the World Intellectual Property Organization (WIPO), since May 14, 1977.
– WTO’s TRIPS Agreement, since January 1, 1995.

Filing, Protection

Definition: design means an industrial design taking the form of features of shape, configuration, pattern, ornament or composition of lines or colors applied to any article, whether in two-dimensional or in three-dimensional or in both forms, by any industrial process or means, which in the finished article appeal to, and are judged solely by the eye, and are not related to functionality; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device. For registration a design must be new and have individual character. 

Not-registrable: the following designs shall not be registered and shall be excluded from being protected: (a) designs which are contrary to written laws or well-established natural laws; (b) designs which contravene or are inconsistent with public order, public morality, principles of humanity and environmental conservation; and (c) designs which comprise a flag, emblem, armorial bearings, abbreviation, decoration, coat of arms or other official sign and hallmark of Zambia or any other convention country or intergovernmental organization of which one or more convention countries are State parties, used without consent. 

Applicant: may be the author or an assignee or a successor in title. 

Protection: afforded to all classes and nationalities. ARIPO designs are recognized. 

Novelty: absolute novelty is necessary for registration. A design shall be considered new if no design, whose features differ only in immaterial details, has been made available to the public within Zambia or elsewhere before the release date. 

Novelty grace period: an application for the registration of a design, consisting of a design which has been disclosed before the filing date, shall not be refused registration by the Registrar or invalidated if the disclosure (a) occurred within six months preceding the date of filing of the application for registration; (b) was due to the design having been obtained unlawfully or in breach of confidence by any person (i) from the creator of the design or any other person to whom the matter was made available in confidence or who obtained the design from the creator because the creator believed that the person was entitled to obtain it, (ii) from any other person to whom the matter was made available in confidence by any person mentioned in subparagraph (i) or in this subparagraph or who obtained it from any person so mentioned because that person or the person from whom that person obtained the design believed that such person was entitled to obtain it; (c) in the case of textile, was as a result of a confidential order for products bearing the design, made before the registration of a design and such disclosure was made without the consent of the creator of the design; (d) was made by way of the creator communicating the design to a Government department, agency or an authorised person, to consider the merits of the design; (e) was made due to, or in consequence of, the creator of a design displaying the design at an exhibition, recognized by the Agency, and the applicant states, on filing the application, that the creator has notified the Registrar, in the prescribe manner, that the design has been so displayed and files written evidence in support of such notification, within the prescribed period; or (f) was made to the public for the purpose of providing the result of a research undertaken by a higher education institution, research institution or development institution, within six months preceding the date of lodging an application for the registration of the design. 

Priority: must be claimed within six months of the basic application. 

Territory covered:  Zambia.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, simply signed (can be late filed);
2. Drawings or photographs of the design (required on the day of filing);
3. Detailed description of the design;
4. Certified copy of priority document, if priority claimed (can be late filed within three months from filing);
5. Verified translation of priority document if not in English (can be late filed within three months from filing);
6. Assignment (can be late filed).

For a change of name:
1. Certificate of change of name, with a verified English translation;
2. Power of attorney, simply signed.

For a change of address:
1. Power of attorney, simply signed.

Amendments: are possible before registration. 

Examination: as to form.

Opposition: provided for within two months from the publication date of the application.

Delivery of document: the registration certificate is issued in paper format.

Duration of protection: five years from the filing date and may be extended for another five years.

Renewal: protection can be extended for one additional five-year period.

Restoration of a lapsed design: possible within six months of the removal from the Register.

Assignment: must be in writing and should be recorded.

Compulsory license: available.

Infringement and penalties: provided for.